HBA-SEP H.B. 1955 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1955
By: Zbranek
Criminal Jurisprudence
6/14/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, a defendant placed in jail on account of
failure to pay the fine and costs of a case was required to be discharged
when the defendant had remained in jail a sufficient length of time to
satisfy the fine and costs.  The defendant could satisfy this amount at a
rate of not less than $100 for each day or part of a day of jail time
served, while a defendant who performed exactly eight hours of community
service was discharged from $100 of fines or costs.  House Bill 1955
provides consistency by authorizing a convicting court to specify a period
of time that is not less than eight hours or more than 24 hours as the
period for which a misdemeanant who fails to pay the fine and costs in the
case must remain in jail to satisfy $100 of the fine and costs.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1955 amends the Code of Criminal Procedure to authorize a
convicting court to specify a period of time that is not less than eight
hours or more than 24 hours as the period for which a misdemeanant who
fails to pay the fine and costs in the case must remain in jail to satisfy
$100 of the fine and costs.  

EFFECTIVE DATE

September 1, 2001.